Privatising International (Organizations) Law

Abstract

This essay explores the increasing role of private commercial actors within international organizations (IOs) and the implications for international law. Once conceived as state-centred institutions, IOs now routinely involve corporations, trade associations, and philanthropic foundations in lawmaking, policy-setting, financing, and implementation. These actors participate through multiple channels: as observers, delegates, stakeholders, funders, and partners. While private involvement has historical precedents, its contemporary scale and formalization mark a significant transformation in global governance. International law, however, offers little guidance on the boundary between public and private authority, leaving legitimacy concerns unresolved. To evaluate privatization, the article identifies two competing logics: a logic of representation, which grounds legitimacy in accountability and democratic participation, and a logic of production, which emphasizes outcomes, problem-solving capacity, and effectiveness. The challenge for international law is to hold these logics in tension by developing theories, rules, and categories that respond to conditions of hybridity in international organizations and shifts in the larger legal order